The state of Wisconsin follows the Daubert test for the admissibility of expert witness testimony. State v. Giese, 854 N.W.2d 687 (Wis. Ct. App. 2014). This rule finds expert witness testimony admissible if it is “based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.” Id. The purpose of this test is to only allow testimony that is “based on a reliable foundation.” Id. The court should focus on the “principles and methodology the expert relies upon” and not focus on the conclusions the expert testifies to when determining if the testimony is admissible. Id. To evaluate if the methods used by the expert are reliable, the court should consider “whether the scientific approach can be objectively tested, whether it has been subject to peer review publication, and whether it is generally accepted in the scientific community.” Id.
Is Daubert or Frye used for expert witness testimony admissibility in Wisconsin?
About the Author: Steve Babitsky
Steven Babitsky, Esq. is the President and founder of SEAK, Inc., the Expert Witness Training Company. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies and has worked with numerous experts to help them expand and grow their practices. Mr. Babitsky is the co-author of the texts How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness, How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing, How to Write an Expert Witness Report, and How to Market Your Expert Witness Practice Evidence-Based Practices. Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. Mr. Babitsky trains hundreds of experts every year. He may be contacted at 508-548-9443 or firstname.lastname@example.org.